HomeMy WebLinkAbout20711 - RESOLUTIONS - 9/3/2003 RESOLUTION NO. 20711
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING FINAL
ENGINEER'S REPORT, LEVYING ASSESSMENTS,
ORDERING IMPROVEMENTS, AND AUTHORIZING AND
DIRECTING RELATED ACTIONS
ASSESSMENT DISTRICT NO. 161
(MOUNTAIN GATE)
WHEREAS this City Council ("Council") of the City of Palm Springs ("City"),
California, has adopted its Resolution of Intention declaring its intention to take
special assessment proceedings; and
WHEREAS, this Council has approved a map and adopted the boundaries shown
on such map as describing the extent of the territory included in a proposed
assessment district to be known as Assessment District No. 161 (Mountain Gate),
City of Palm Springs, State of California; and
WHEREAS, this Council has declared its intention to order improvements to
Assessment District No. 161 (Mountain Gate) and to levy a special assessment
upon the land within the described assessment district, and has given notice of its
intention to issue bonds, in accordance with the Improvement Bond Act of 1915
(the "1915 Act"), representing all unpaid assessments; and '
WHEREAS, at the direction of this Council, Albert A. Webb and Associates, as
Engineer of Work for improvement proceedings in Assessment District No. 161
(Mountain Gate), has filed with the City Clerk the report prescribed in Section
10204 of the Streets and Highways Code (the "Preliminary Engineer's Report");
and
WHEREAS, by its Resolution No. -Qbt :adopted on June 11, 2003, this Council
preliminarily approved the Preliminary Engineer's Report; and
WHEREAS, notice of hearing was waived by property owners, as evidenced by the
Waiver of Notice of Hearing filed with the City Clerk; and
WHEREAS, prior to the public hearing set for September 3, 2003, the Engineer of
Work filed with the City Clerk a Final Engineer's Report (the "Engineer's Report")
which revised the costs and expenses of the work, improvement, proceedings and
financing, and revised the assessment roll without increasing the amount of any
proposed assessment; and
WHEREAS, the public hearing set for September 3, 2003, was conducted, and
having providing opportunity for any interested person present to be heard, the
hearing was closed; and
WHEREAS, this Council finds and determines that, for purposes of the majority '
protest provisions of Section 10311 of the California Streets and Highways Code
(the "Code"), no written protests were presented before the close of the hearing
and that, therefore, there was not a majority protest; and }
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Resolution 20711
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WHEREAS, this Council finds and determines that the proposed assessment of the
cost and expenses of the proposed improvement upon the respective parcels of
land in the assessment district, as set forth in the Engineer's Report, as Section 3
and 5 thereof, represents a fair and equitable apportionment of such cost and
expenses in proportion to the estimated benefits to be received by each parcel,
respectively, from the improvement;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm
Springs, California as follows:
Section 1. This City Council hereby overrules each of the protests submitted,
whether written or oral, being satisfied, based upon all of the
information known to the Council and presented in the record of
these proceedings, that the recommendations ,set forth in the
Engineer's Report are in conformity with legal standards and
requirements and that the recommended assessment has been
established in a fair and equitable manner reflecting the estimated
benefit to the respective parcels in proportion to such estimated
benefits.
Section 2. The Engineer's Report filed by the Engineer of Work is hereby
approved by this Council without modification.
Section 3. The proposed work and improvement, as described in Section I of
the Engineer's Report, is hereby ordered.
Section 4. The individual assessments, in the amounts stated in Section 5 of
the Engineer's Report are hereby confirmed and levied, and in
accordance with Section 10312 of the Code this action is final as to
all persons.
Section 5. The assessment diagram, as set forth in Section 4 of the Engineer's
Report, shall be filed for record in the Office of the County Recorder
for Riverside County, as required by Section 3114 of the Code; that a
notice of assessment, containing the matters required by said
Section 3114 shall be prepared, executed and recorded by the City
Clerk; and that notice of recordation of assessment shall be given by
publication and by mail in the form and manner required by Section
10404 of the Code.
Section 6. There will be no cash payments from property owners on account of
the assessments levied, since the owners of all property assessed
have waived the cash payment period, and a copy of such waiver is
on file with the City Clerk, and there has been filed with the City Clerk
a list, showing payments received and assessment amounts
remaining unpaid (the "Paid and Unpaid List").
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Section 7. Following receipt of the Paid and Unpaid List from the Finance
Director, this Council intends to proceed with authorization for the ,
.issuance and sale of limited obligation improvement bonds (the
"Bonds") pursuant to the 1915 Act upon the security of unpaid
assessments, bearing interest at a rate not to exceed twelve percent
(12%) per annum, with the last principal installment of the bonds to
mature twenty-five (25) years from the second day of September
next succeeding twelve (12) months from their date.
ADOPTED this 3`' day of September, 2003.
AYES: Members Hodges, Reller—Spurgin and Mayor pro tem Oden
NOES: None
ABSENT: Member Mills and Mayor Kleindienst
Acy-
-1TEST: CITY OF PALM SPRINGS, CALIFORNIA
�City Clerk Ciy Mana
REVIEWED & APPROVED AS TO FORM
City Attorney
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